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2018 (4) TMI 1920 - HC - Indian LawsSeeking grant of permission for renewal of passport - HELD THAT - The law with regard to grant of permission for renewal of passport has been fairly settled by this Court in N. CHANDRABABU VERSUS THE SUB INSPECTOR OF POLICE, TRICHY, THE PASSPORT OFFICER, PASSPORT OFFICE, TRICHY 2017 (4) TMI 1589 - MADRAS HIGH COURT and also in an unreported judgment of a learned single Judge of this Court in W.Jaihar William and others v. The State of Tamil Nadu and others, 2014 (6) TMI 1064 - MADRAS HIGH COURT where it was held that It is clear that unless the Judicial Magistrate takes cognizance of the offence, on filing of charge-sheet on completion of investigation against the applicant, it cannot be said that the proceedings are pending before the Criminal Court. Therefore, the 3rd respondent cannot mechanically refuse to issue passport to the petitioners, merely for the reasons that the FIRs are pending against the petitioners. On receipt of the application for passport, the 3rd respondent shall consider the same and pass appropriate orders. This Court is of the view that it will serve the interest of justice, if 'no objection' is granted to the petitioners for renewal of their passports - In view of the no objection granted by this Court, it is open to the passport authorities to renew the passports of the petitioners in accordance with the Rules. This Court is of the view that permission can be granted to him to go abroad - Application allowed.
Issues:
Renewal of passports pending criminal trial, interpretation of Passport Act provisions, disclosure of criminal cases in passport renewal applications, necessity of No Objection Certificate from the court for passport renewal, permission to go abroad during trial. Renewal of Passports Pending Criminal Trial: The petitioners faced trial for various offenses under the IPC, where the Regional Passport Officer required them to obtain permission from the court for passport renewal due to the pending criminal case. The petitioners filed petitions seeking permission for renewal, challenging the trial court's dismissal of their requests. Interpretation of Passport Act Provisions: The Court referred to established legal principles that a passport can be issued or renewed only with a No Objection Certificate from the criminal court under specific sections of the Passports Act. The Court clarified that in cases where the High Court is seized of quash proceedings, it qualifies as the "concerned Court" for passport renewal purposes. Disclosure of Criminal Cases in Passport Renewal Applications: The de facto complainant argued that the petitioner should have disclosed additional criminal cases in their passport renewal applications. However, the petitioner contended that the pendency of an FIR does not equate to a pending criminal case under the Passports Act, emphasizing the need for the initiation of proceedings as per the Code of Criminal Procedure. Necessity of No Objection Certificate for Passport Renewal: The Court considered the facts of the case, where the petitioners had traveled abroad multiple times during the currency of their passports without surrendering them as a bail condition. Acknowledging the disclosure of the pending case during renewal, the Court granted a "no objection" for passport renewal, allowing the passport authorities to proceed with the renewal process. Permission to Go Abroad During Trial: Regarding permission to travel abroad, the Court evaluated the antecedents of the petitioner and the undertaking affidavit submitted. The Court allowed the petitioner to travel to the United Kingdom for business promotion, with a stipulated return within two months. The Court also directed the renewal/issuance of the passport for the petitioner's spouse, who opted not to travel abroad on that occasion. In conclusion, the Court granted permission for passport renewal, clarified the interpretation of Passport Act provisions, addressed the disclosure of criminal cases in renewal applications, and allowed the petitioners to travel abroad under specified conditions.
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